Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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The Connecticut Superior Court recently dismissed a foreclosure case brought by Mortgage Electronic Registration Systems, Inc. (MERS) due to lack of standing in the case of MERS v. MILLER.  New Haven Superior Court Judge Juliett L. Crawford dismissed the foreclosure on 15 Apr 2008 holding that (MERS) "failed to establish that it held either the mortgage or the note at the time" it filed its complaint.

The decision was generally described in an article appearing within the Connecticut Law Tribune:

Connecticut Law Tribune

Monday, June 2, 2008

Shaky Standing: Foreclosure cases identify shoddy record-keeping in mortgage industry

By DOUGLAS S. MALAN

In a rush to collect on home loans turned sour, some companies foreclosing on home owners are overlooking one small detail — the companies can't prove that they have standing in the case.

The frequency with which securities, such as bonds backed by mortgages and notes promising to pay back mortgages, are traded in the financial market can make it difficult to identify the entity that is actually in possession of the note or the mortgage. Thus, when challenged in courts throughout the country, lenders recently have seen lawsuits dismissed for failing to ascertain a basic element of litigation.

It's yet another wrinkle in the fallout of the housing market, in which homes have lost their value, homeowners can't pay their bills and those who banked on the financial security of residential real estate have seen wealth dry up.

New Haven Superior Court Judge Juliett L. Crawford dismissed such a foreclosure case in late April when she concluded that Virginia-based Mortgage Electronic Registration Systems Inc. (MERS) "failed to establish that it held either the mortgage or the note at the time" it filed its lawsuit against Madison homeowner Anna M. Miller, who defaulted on her mortgage in 2004 before she ever made a payment.
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http://www.ctlawtribune.com/getarticle.aspx?ID=30505

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This decision was also reported within the Home Equity Theft Reporter at http://homeequitytheft.blogspot.com/2008/07/unable-to-prove-ownership-of-promissory.html citing a blog posting by attorney Christopher G. BROWN in MortgageOrb.com at http://www.mortgageorb.com/e107_plugins/content/content.php?content.1923 .

The case is Mortgage Electronic Registration Systems, Inc. v Anna M. MILLER, Docket. No. NNH-CV-04-4004804-S.  See http://civilinquiry.jud.ct.gov/DispDetail.asp?DocNum=NNH-CV-04-4004804-S .

The defendant's attorney was:

Christopher G. Brown, Partner
Begos Horgan & Brown LLP
327 Riverside Avenue
Westport, CT 06880
Voice: (203) 226-9990
Fax:  (203) 222-4833
cgb@begoshorgan.com
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